PRODUCT LIABILITY CLAIMS & LITIGATION

No one wants injuries to happen, but they are often an inevitable part of today’s world. Injuries can occur because of a defect in the product – or because the injured party was misusing that product. Tomlinson McKinstry has decades of experience representing both injured parties and product manufacturers in product liability claims and personal injury litigation. By becoming proficient at both bringing and defending lawsuits, Tomlinson McKinstry lawyers are better equipped to handle fact witness depositions, expert testimony, document review, and trial. Litigation is often expensive, and sometimes unnecessarily so. By focusing on the key issues that will determine the outcome of your case, we can efficiently and effectively take a case from initial evaluation to trial.

PRODUCTS

Product safety is a complex area and the subject of ever-changing legal standards. Product manufactures face the risk of claims that their products caused physical injury or injury to property. In order to recover, a plaintiff must prove that a product was defective in design, manufacture, or labeling at the time it left a defendant’s control. The product may not be more dangerous than contemplated by an ordinary user. Our team has experience defending and pursuing product liability claims cases in a broad range of industries, from heavy manufacturing, to the oilfield, to aviation. These cases often turn on the testimony of expert witnesses, and our experience preparing to elicit and refute expert witness testimony will help get the best possible outcome for your case. Our attorneys have legal and engineering expertise that will benefit the preparation and execution of a successful strategy.

PERSONAL INJURY AND WRONGFUL DEATH

Often, cases are brought by a party who is injured, or by the families of those who are deceased. Oklahoma law provides for damage limitations in some of these cases. Extralegal issues should be considered alongside a frank analysis of the case’s value. Whether you’re defending a case, considering bringing a case, or needing to refer a case to a firm familiar with complex injury litigation, we can provide an evaluation and immediate attention to those issues which will become important to the outcome.

OIL AND GAS

Oklahoma is at the heart of oil country and oilfield accidents are not uncommon. While some of these injuries and deaths are truly accidental, many more are the result of preventable actions, such as carelessness, improper use of equipment, or defective products. When these preventable accidents occur, the victims are often persuaded to seek compensation from whoever has the deepest pockets — regardless of whether their target is truly liable. Our team includes experienced litigators – and litigators with engineering degrees – to help you navigate the issues in the case. We will help oil field defendants minimize their portion of their exposure, and help parties injured through no fault of their own maximize their recovery.

AVIATION

Aircraft accidents are unique in that the crash investigation is highly regulated by the federal government, and the root cause is usually difficult to ascertain and requires significant investment. Crash site and flight path reconstruction, component part testing, and attention to multiple flight manual updates and safety notifications are critical for defending and prosecuting these cases. Our firm has aided injured passengers and component part manufacturers in complex helicopter cases, and can act directly and as local counsel to assist you.

CASE MANAGEMENT

All disputes have the potential to be expensive. The risk and cost of taking a case to trial must be weighed against its benefits. We discuss these issues at our initial assessment of your case and map out a legal strategy accordingly. Every issue from discovery and expert witnesses, to budgets and resolution strategies is examined at these early stages. Our approach to product liability claim case planning recognizes the importance of frequent communication and coordination of resources between our legal team and your in-house team. Further, risk assessment techniques will be used at multiple points to illustrate the costs and benefits of different approaches to resolving the dispute.

TRIAL PRESENTATION

Where trial is necessary, our team will utilize techniques and technology to present the evidence and witnesses in a clear, concise way to help judges and juries understand the theory of your case. Audiences in the courtroom are changing – and with them, the expectations of how evidence should be presented. Our litigators have experience with trial presentation technology, and a background solidified by real-world courtroom experience and high-end training from the National Institute for Trial Advocacy.